Maher V. Best Western

Case Brief

Graham Alligood

Maher v. Best Western

717 So. 2d 97; 1998

Facts: Debra Maher is a legally blind person, she had checked in to a Best Western with her parents Thomas and Barbara Maher. Along with Debra was her Seeing Eye dog “Ina”. The Best Western advertised that pets were welcome. When the Maher’s checked in they had informed the Inn that they had brought a dog and mentioned the situation to them. At the time a women named Mackie Simmer was also checked into the Inn and had been staying there for months with her two pets, a mixed-breed shepherd and a mixed-breed pit bull. Shortly after the Maher’s checked in, Barbara took Debra’s dog for a walk. While she was walking, Ina was attacked by Simmers two dogs. As she tried to separate the dogs she was unsuccessful and was attacked by the pit bull. Debra, hearing all the commotion called upon her father for help. Thomas soon rushed down there to try and help his wife and upon his arrival was also bitten by Simmers dog. Finally Thomas was able to drag his wife and Ina into shelter and take them away from the dog attack. In the process of bringing in Barbara and Ina in, Debra had injured her arm by slamming it into the door. Animal control along with 911 was called and the Maher’s were taken to the Hospital.

Issue: The Maher’s filed an instant action against Simmer and the Best Western stating that the Best Western was negligent in that it was supposed to protect guests from risks. Because the Best Western did not have rules advising their guests of the dangers of other animals, did they break the law under common law principles?

Answer: Yes

Reasoning: Under the Common Law, an Innkeeper is responsible for the care and safety of its guests. By inviting dogs on its premises and not requiring people to have their dogs leashed it created a foreseeable zone of risk which gives them the responsibility to either reduce the risk or see that sufficient precautions are taken to protect others...